SB 1015

Overall Vote Recommendation
Vote Yes; Amend
Principle Criteria
positive
Free Enterprise
positive
Property Rights
neutral
Personal Responsibility
positive
Limited Government
neutral
Individual Liberty
Digest
SB 1015 seeks to revise the allocation and redistribution of excess contributions and fees collected by statutory probate courts to ensure greater financial equity among Texas counties. Specifically, the bill amends Section 25.00212 of the Government Code to establish a clearer process by which the comptroller determines if the total amount deposited into the state’s judicial fund by all statutory probate courts exceeds the total amount disbursed to those courts. If an excess exists, the bill mandates that these surplus funds be proportionately returned to contributing counties based on a formula that accounts for each county’s relative contributions and reimbursements under Sections 25.0022 and 25.00211.

In addition to addressing surplus fee remittances, the bill modifies Section 25.0022(f), Government Code, to update how counties pay their portion of the salary and authorized expenses of the presiding judge of the statutory probate courts. Rather than using legacy fee allocations, counties would use funds allocated to the judicial education and support fund under Section 135.102 of the Local Government Code. These payments are deposited into an administrative fund from which the presiding judge's salary and expenses are distributed.

The changes aim to streamline the financial oversight of probate court funding, promote fairer redistribution of state-collected judicial revenues, and modernize fiscal practices related to probate court administration across Texas counties.

The originally filed version of SB 1015 and its Committee Substitute share the core objective of amending Section 25.00212 of the Texas Government Code to govern the redistribution of excess judicial fees collected by statutory probate courts. However, there are notable differences in scope, language precision, and retroactivity between the two versions.

One significant difference lies in the treatment of retroactive applicability. The original bill limited the application of its changes to fees collected on or after the effective date (September 1, 2025), maintaining current law for fees collected prior to that date. In contrast, the committee substitute broadens this scope by applying the redistribution mechanism to fees collected before, on, or after the effective date. This change retroactively applies the equitable redistribution formula to prior collections, potentially affecting county-level fiscal planning and balance sheets.

Another key difference is the clarification and expansion of language in Subsection (a)(1). The original bill simply references fees “remitted by statutory probate courts,” while the substitute bill provides more detailed and precise pathways through which the fees reach the judicial fund—either via direct deposit by the Office of Court Administration or via the standard method through court officers under Chapter 133 of the Local Government Code. This added specificity helps reduce ambiguity in the interpretation and implementation of the remittance process.

Lastly, while both versions revise Section 25.0022(f) to redirect counties’ payments for judicial salaries to use the judicial education and support fund under Section 135.102, the committee substitute retains this provision identically to the original bill, indicating legislative consensus on modernizing this funding mechanism.

In summary, the Committee Substitute version of SB 1015 enhances clarity, expands retroactive applicability, and refines administrative processes. These revisions make the bill more comprehensive, but also raise considerations about the fiscal impact on counties with prior excess fee contributions.
Author (1)
Judith Zaffirini
Sponsor (1)
Jeff Leach
Fiscal Notes

According to the Legislative Budget Board (LBB), the fiscal implications of SB 1015 are expected to be minimal at the state level. The bill does not introduce any significant fiscal impact to state finances. The measure primarily clarifies the existing process by which the Comptroller calculates and redistributes excess fees deposited into the judicial fund by statutory probate courts. It does not introduce new fees or revenue sources but rather provides administrative refinement and transparency regarding how surpluses are handled.


At the local level, the bill does shift the method by which counties fund the presiding judge's salary and administrative expenses for statutory probate courts. Instead of drawing from older fee-based funding mechanisms, counties will now utilize the Judicial Education and Support Fund—still a local fund—to make these payments. While this represents a change in accounting and fund allocation, it does not create new financial obligations for counties and leaves existing court fee structures intact.

Given that most counties in Texas do not operate statutory probate courts, the overall local government impact is expected to be modest. For those counties that do have such courts, the primary effect will be administrative: adjusting how funds are routed to meet existing obligations. There is no anticipated increase in costs, and the redistribution of excess funds could provide modest fiscal relief for counties contributing disproportionately to the judicial fund. However, the full effect will depend on annual contributions and payment patterns. Overall, the bill aims for greater fiscal equity without materially increasing costs at either the state or local level.

Vote Recommendation Notes

SB 1015 advances several liberty-aligned reforms by ensuring a fair and transparent process for redistributing excess court fees collected by statutory probate courts. The bill explicitly designates the Texas Comptroller as the entity responsible for calculating and remitting these surplus funds to counties that contributed more than they received, resolving a statutory ambiguity left by the 2021 court cost consolidation (SB 41). It also modernizes how counties pay the presiding judges of probate courts, shifting funding to the Judicial Education and Support Fund, a move that streamlines fiscal operations without increasing public costs or expanding state control.

From the standpoint of Limited Government and Personal Responsibility, the bill supports the principle that government operations should be transparent, accountable, and equitable. It ensures counties are not left financially disadvantaged by their participation in the state’s judicial system, recognizing their role in collecting and remitting civil filing fees. Rather than create new powers or expand bureaucratic functions, it clarifies existing ones and aligns statutory language with current practice, ensuring that local governments are treated fairly while minimizing disputes over fund distributions.

There is no increase in the size or scope of government, and no additional regulatory burden is placed on individuals or businesses. The bill does not authorize new fees or taxes, nor does it require counties to collect more from their residents. It strictly addresses the internal redistribution of funds between government entities. For counties with statutory probate courts, the change may offer modest financial relief by returning surplus funds they otherwise would not recover. This is consistent with responsible public stewardship and aligns with the Free Enterprise principle by promoting a predictable and well-managed judiciary that supports estate planning, guardianship, and other civil legal functions critical to property rights.

Nonetheless, amendments are recommended to enhance clarity and procedural fairness. Specifically, the bill could benefit from defining what constitutes an “equitable” remittance and by adding a review or appeal mechanism for counties to challenge or verify the Comptroller’s calculations. These changes would reinforce public trust in the process and protect local governments from potentially arbitrary financial determinations. Importantly, these recommendations are not preconditions for support but rather opportunities to strengthen the bill's underlying objectives and ensure consistent application across all counties.

In summary, SB 1015 promotes fiscal fairness, administrative clarity, and respect for local governance, without expanding government power or burdening taxpayers. It represents a practical correction to prior legislative gaps and furthers liberty-aligned governance. For these reasons, Texas Policy Research recommends that lawmakers vote YES on SB 1015 but also consider amendments as described above.

  • Individual Liberty: This bill does not have a direct impact on personal freedoms or civil liberties in the traditional sense. It governs intergovernmental fiscal processes rather than individual behavior. However, by helping ensure that statutory probate courts are fairly funded and financially sustainable, the bill indirectly supports efficient court operations. This contributes to a legal system where individuals can more reliably assert rights related to estates, guardianships, and mental health cases. While the impact on individual liberty is indirect and modest, it is positive by reinforcing the foundational legal infrastructure that upholds personal rights in sensitive life matters.
  • Personal Responsibility: The bill holds government actors accountable for financial fairness. By requiring the state to return excess fees to counties that overpaid, it supports the concept that the government should be a responsible steward of public funds. While it doesn't promote individual accountability directly, it reinforces a norm of fiscal responsibility among state institutions and ensures that no county is left disproportionately subsidizing others without due process.
  • Free Enterprise: By promoting predictability and fairness in the probate court system, the bill contributes to a more stable legal environment for businesses and individuals involved in estate planning, elder law, trust management, and related services. These sectors rely on the efficient functioning of probate courts. Counties receiving fair reimbursement for court operations help prevent cost-shifting that could otherwise lead to localized inefficiencies or imbalances. Additionally, by using an established fund (Judicial Education and Support Fund) for salary payments rather than increasing or redirecting business-facing court fees, the bill avoids placing new burdens on economic actors.
  • Private Property Rights: Statutory probate courts are key to resolving issues related to inheritance, estate management, and guardianship—all of which are deeply tied to the protection of private property. Ensuring that these courts are properly funded and not financially penalized for collecting fees helps maintain a timely and fair resolution of probate matters. The bill strengthens the infrastructure that protects citizens’ property rights in times of transition (death, disability, guardianship), thereby indirectly upholding this principle.
  • Limited Government: The bill reinforces the limited government principle by codifying and clarifying the responsibilities of the Texas Comptroller without expanding the authority or size of government. It does not create new programs, agencies, or enforcement powers. Instead, it streamlines the existing process by which excess probate court fees are returned to counties and updates outdated statutory references. It also eliminates ambiguities in fiscal responsibilities created by prior legislation (SB 41, 2021), which left unclear who was responsible for remitting surplus funds. By resolving this administrative gap and grounding the process in law, the bill ensures that financial flows between state and local governments remain constrained, traceable, and fair—hallmarks of limited, accountable governance.
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